5.02.02 SUBDIVISION APPLICATIONS: EXCEPTIONS TO SPECIFIC APPLICATION REQUIREMENTS

A. Agricultural Land: 1. Applications to subdivide agricultural land are exempt from the plat requirements (but not the other application requirements) of Section 5.02.01 if the resulting parcels: a. Qualify as land in agricultural use under Utah Code §59-2-502; b. Meet the minimum size requirement of applicable Town land use ordinances; and c. Are not used and will not be used for any nonagricultural purpose. 2. For subdivision applications for which this exception applies, an applicant may submit to the Town, in place of a plat, a record of survey map that illustrates the boundaries of the parcels. 3. If the Town approves a subdivision application based on a record of survey map, the applicant shall record the map, signed by the Town, with the County Recorder’s Office. This shall be done in the same manner as is done for a plat under Sections 5.02.06 and 5.02.07. 4. If a parcel resulting from a subdivision under this exception ever ceases to be used for agriculture, the subdivision shall become invalid. The Town may, in its discretion, impose the penalty in Section 5.01.05 and/or require a subdivision amendment before issuing a building permit. B. Minor Subdivisions: 1. Applications to subdivide land are exempt from plat requirements (but not the other application requirements) of Section 5.02.01 if the subdivision: a. Results in no more than six parcels; b. Is not traversed by the mapped lines of a proposed street (as shown in the Bluff General Plan), Town easement, or any other land required for public purposes; c. Has been approved by the culinary water authority and the sanitary waste authority; and d. Is located in a zoned area. 2. Notwithstanding Subsection 5.02.02(B)(1), minor subdivisions are not permitted unless all lots front a platted and dedicated planned or existing public street. This prohibition may be waived by Planning & Zoning during the application review process. 3. For subdivision applications for which this exception applies, an applicant may submit to the Town, in place of a plat, both: a. A record of survey map that illustrates the boundaries of the parcels; and b. A legal metes-and-bounds description that describes the parcels illustrated by the survey map. 4. If the Town approves a subdivision application based on a record of survey map and metes-and-bounds description, the applicant shall record the map and description, signed by the Town, with the County Recorder’s Office. This shall be done in the same manner as is done for a plat under Sections 5.02.06 and 5.02.07, except that the Town shall also provide the notice required in Utah Code §10-9a-61(1). C. Development Agreements: 1. Subdivisions platted in a valid development agreement are exempt from the application requirements (Section 5.02.01) and review and approval requirements (Section 5.02.05 and 5.02.06) of this Title. 2. Clauses in a valid development agreement with the Town supersede all conflicting requirements in this Title, except where a clause in the development agreement poses a substantial danger to the health and safety of Town residents.